What is the test for determining whether two conspiracy counts under the same conspiracy statute charge the same offense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bendis, 681 F.2d 561 (9th Cir. 1982):
Because of the functional inadequacy of the Blockburger test when applied to multiple counts under the same conspiracy statute, this circuit and most others have adopted a "factor analysis" to determine whether two conspiracy counts under one statute charge the "same offense." 4 This factor analysis was first enunciated in this circuit in Arnold v. United States, 336 F.2d 347, 350 (9th Cir. 1964), cert. denied, 380 U.S. 982, 85 S.Ct. 1348, 14 L.Ed.2d 275 (1965).
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